Guam § 64 - Forfeiture of Electronic Machine or Device Used to

§ 64. Forfeiture of Electronic Machine or Device Used to

Conduct Sweepstakes.

(a) Upon a determination by the Department of Revenue

and Taxation or the Attorney General that probable cause exists

to believe that any electronic machine or device is being

operated or is intended to be operated to conduct a sweepstakes

or promote a sweepstakes in violation of Title 9 GCA § 64.15

above, the electronic machine or device shall be subject to

immediate seizure by law enforcement officials from the

Department of Revenue and Taxation, the Guam Police

Department, or the Office of the Attorney General.

(b) Any government entity in possession of a seized

electronic machine or device shall retain the item pending a

disposition order from a Superior Court judge.

(1) Upon application by the Department of Revenue

and Taxation, or the Attorney General, or the owner of the

electronic machine or device, and after notice to all parties

and an opportunity to be heard by all parties,

(A) if the court determines that it is unlawful to

possess the electronic machine or device, the Director

of the Department of Revenue and Taxation, or the

Attorney General, may have the electronic machine or

device destroyed, or may use the electronic machine or

device for training, or may sell the electronic machine

or device at an auction to be held at the place where the

electronic machine or device is located, or at another

place as determined by the Director of the Department

of Revenue and Taxation, or the Attorney General.

(B) If the court determines that the electronic

machine or device is not unlawful to possess under

COL6/5/2019

9 GCA CRIMES & CORRECTIONS

Title 9 GCA § 64.15, the electronic machine or device

shall be ordered released to its owner upon satisfactory

proof of ownership.

(2) Neither the government of Guam nor its officials,

employees or agents shall be liable for the seizure of

electronic machines and devices under this statute when a

court determines that the electronic machine or device is

ordered to be released to its owner.

(c) The foregoing procedures for release shall not apply

with respect to an item seized for use as evidence in any criminal

action or proceeding until after entry of final judgment.